Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-09-09
CIVIL SERVICE,
A Letter fcom the Commission 10 The
Board of Examiners for the Gin
cinnali P0stohices
The Conditions Upon which letter Ger
risrs aud Clerks may be Is
gaily Removed.

|
lowing importsnt letter to Charles y.
| Rowland, Chairman of civil service board
OF examiners for tie Cincinnati postoh e,
/ constituting certain sections OF the civil
service law and rules relating 10 the
power OF the appointing onlcers to make
removal.
| nited states GIVE Service Commissioner,
! Washington, September
DEAR SIB-Yours of the 2g!h has been
received. You say. 81 nave resd yonr
report or the Philadelphia posse tiice case,
and have noted your conclusions the9eon
In conversation with the pOstIiIa ster
to-day as to the power Of reHovsis. G!
carriers, our attention is called 10 page
p, where you name the limitation upon
the power OF removal. Are we 70
understand that the postmaster NAV
without question remove carrier save
for tie causes enumerated by you: The
postmaster informs me he has an opinion
OF an Assistant United States District
Attorney here TO the eject that ne can
remove carriers, ard clerks as well, eX-
Cept for the causes named in the civil
service law as quoted by you on pzge y
on the Philadelphia report"
That every carrier arU clerk il the
| Cincinnati Office might be legally
REMOVED FOX CAUSE
| is 8 proposition on which YOU need nc in
formation. l. IS therefore concluded
that you wish 10 BEow whether, in the
opinion Ct the cOHiniss cners. snici+nt
carriers and clerks OF good character
may be legally removed tor partisan
reasons because they do nor agree
ia politics with the postmaster.
The commission has heretofore stated
that the power q removal is unrestricted
except that E removal nav MOI be iecgIIv
made icr 4ny one II tce following
causea.
|. Because q person il the service has
refused % contribute to political fund
or political purpose.
. Because the person mss refused 20
render political service.
g.. Because the person has refused tc
permit the 2pp0inllnc Ctii;er or any other
person in the civil service to cocrce his
political gcuOu.
For any other cause any person in the
civil service may be removed legally, and
8 person
Illegally REMOVED
for snr OF the causes named canuOt uu-
der a1v provisions Of the civil service act
demand restoration. IL then CT apooint-
ing Cficer was to remove ore Of MS CIei X
for reasons mentioned among the inhiof-
tiors OF removal what peralty could bC
inflicted upon him?
The civIl service provides that every
violation Of say Of the seC-ioRs Of n.
civil service SCI relating to political IS
saasmerts ehau be good cause for re-
moyai, and section Is Of that set Pre-
Vides that any person Who shall be guilty
Of the FOREGOING sections shall 81
conviction thereof be punished bv IiEt
not exceeding $500 or for imprfsonmen
not exceeding thee vears." X Tx
words "four FOREGOING sections refer X
the four sections next preceding In,
, fifteenth section, en- appointing oticer
MIGHT Re PUNISHED
By both fue and Imprisonment tor remov
tUg 2 subordinate because he refused e
. contribute to the political fund or polit.
cal purpose, Bat no penalty is prescribed
for violation OK the second or thirG
; inhibition upon removals and an appoint
/ ing officer might therefore without fes1
OF fine or Imprisonment violate the lap
: ty Diminishing subordinates because the7
! have refused to r nder political service o
because they have refused to permit tn,
81 Amounting nicer or OtlEr erSO0 IN ClNl
service to coerce their political action
1t is 70 be presumed that 4,
= eppcinting cni3er would wIIlngI,
/ violate any provision of the law
! but, if becauso,he could not be punish
: for the violation, an appointing ofi.e
= were 20 violate the removal inhibition
= provisions in question, it nav be safe Il
q conclude that he would not be permilte,
> TO REMAIN IN OFFICE.
No oflfcer should be continued in tn
, enforcement of 8 law, any of the urovis
IONS of which he NAV nave willingly vic
lated. Ia this view it becomes importan
TO determine whether G removal be mad
for partisan reasons falls under th
inhibition thsta person in the publ
service shall not be removed First. be
> cauee he has refused to render politics
n service, end second, because he has re
9 fused to be coerced in mis- political action
One of the eight fundamental provision
q of the civil service rules is that no perso
in the public service is for that reaso
7 under any obligations to render
. ANY POLITICAL SERVICE,
O and that he will not be removed for r.
+ fusing to DO so. Rule provides that n
:. question, in examination by the commits
!. sioners, shall call for the expressio
e or disclosure of any political opinion
n and if such opinions snail be known n
ohaI1 bo ,,odo rooco